Case law

Latonya Burton v. West Virginia Division of Corrections and John and Jane Does

Intermediate Court of Appeals of West Virginia · Jun 27, 2025

Burton failed to plead that the respondents were in violation of a clearly established right. … The question as to whether an employee was acting within the scope of their employment relates to qualified immunity as follows: If the plaintiff identifies a clearly established right or law which has been

Chauncey Ziglar v. Diann Skiles and West Virginia Division of Corrections and Rehabilitation

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Therefore, to defeat a claim of qualified immunity, a plaintiff must show that the public official’s duties violated clearly established, and reasonably known legal authority prescribing a duty to act or that the public official … Ziglar has failed to make the required showing of a “clearly established, and reasonably known legal authority prescribing a duty to act” or that the actions or inactions of Ms.

Hank Heckman and Loren Garcia v. Betsy Jividen, Jeff Sandy, and Patrick Morrisey

Intermediate Court of Appeals of West Virginia · Apr 15, 2024

Despite Hargus’ influence upon Phalen’s outcome, qualified immunity does not require the public official to have a strong argument; all that is required to receive immunity is that the right was not “clearly established … Hargus’ logic was plainly influential in deciding Phalen, but qualified immunity’s standard is “clearly established,” not probable, or 20 likely to be established.

B.R. v. West Virginia Department of Health and Human Resources, Bureau for Children and Families, and Child Protective Services

Intermediate Court of Appeals of West Virginia · Feb 8, 2024

is necessary to defeat the defense of qualified immunity. … Code § 49-6A-9, which would overcome qualified immunity.

George Nicholas Parsons v. Wiley Tyler Raines and Calhoun County Commission

Intermediate Court of Appeals of West Virginia · May 28, 2025

Generally stated, qualified immunity shields a government official performing discretionary functions from liability for civil damages when the official’s conduct does not violate “clearly established statutory or constitutional … Like the circuit court, we see no facts in the petitioner’s complaint demonstrating how the deputy violated a clearly established constitutional right.

Estate of D.E.; D.E., individually by and through his mother, Christine Erickson; Christine Erickson, individually; and I.E., a minor, by and through her mother, Christine Erickson v. West Virginia Department of Health and Human Resources; Jeffery M. Pack; and Jennifer L. Raper, individually and in her capacity as an employee/agent of West Virginia Department of Health and Human Resources

Intermediate Court of Appeals of West Virginia · Nov 4, 2024

to a good faith report of child abuse or neglect; and both are entitled to qualified immunity because there is no allegation that they violated a clearly established 3 law … “[I]t is well- established that matters involving qualified immunity, such as the case presently before us, require a type of ‘heightened pleading’ standard.” W. Virginia Reg'l Jail & Corr. Facility Auth. v.

Frank D. Unger and Sherri J. Unger v. Susan Pierce

Intermediate Court of Appeals of West Virginia · Nov 1, 2023

Pierce were in violation of a clearly established constitutional right, nor were they fraudulent, malicious, or oppressive. … Code, 29-12A-1, et seq. is 3  entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established

Julian Lee Green v. Christopher Hood, Chief Shawn Schwertfeger, Officer Mitchell, and Officer Miller

Intermediate Court of Appeals of West Virginia · Jul 30, 2024

Green did not allege that the Respondents knowingly violated any clearly established law or otherwise acted maliciously and therefore were entitled to qualified immunity; Mr. … Hood was entitled to prosecutorial immunity; Mr. Hood was entitled to statutory immunity; Mr.

Julian Lee Green v. Officer B. Hoehn, Officer C. Castilow, Chief Shawn Schwertfeger, and Christopher Hood

Intermediate Court of Appeals of West Virginia · Jul 30, 2024

The circuit court went on to conclude that all Respondents were entitled to qualified immunity; Mr. Hood was entitled to prosecutorial immunity; Mr. Hood was statutorily immune; Mr. … It is well established in West Virginia that “[a] circuit court’s entry of summary judgment is reviewed de novo.” Syl. Pt. 1, Painter v. Peavy, 192 W. Va. 189, 190, 451 S.E.2d 755, 756 (1994).

Julian Lee Green v. Christopher Hood, Lt. Clouston, and David Leddy

Intermediate Court of Appeals of West Virginia · Jul 30, 2024

The complaint did not allege that either the police or the prosecutor’s office knowingly violated a clearly established law or otherwise acted maliciously and therefore Lt. Clouston and Mr. … Hood were entitled to qualified immunity. Further, Mr. Hood was entitled to prosecutorial immunity while both Mr. Hood and Lt. Clouston were entitled to statutory immunity per § 29-12A-5(a)(5).

Megan McKnight and Luke McKnight v. Board of Governors of Glenville State University, Gary Z. Morris, and Jason P. Barr

Intermediate Court of Appeals of West Virginia · Jun 11, 2024

In addressing the question of qualified immunity, the Supreme Court of Appeals of West Virginia (“SCAWV”) has stated “a government entity has no qualified immunity where the plaintiff can demonstrate that the government … Here, as with Judy, Petitioners “pled facts demonstrating a violation of this clearly established law [WVHRA], so, per Marple, [GSU] is entitled to no qualified immunity here.” Id.

Victor Summers v. Edward L. Moore

Intermediate Court of Appeals of West Virginia · Aug 6, 2025

Moore’s immunity under the COVID-19 Jobs Protection Act. … Moore’s immunity under the COVID-19 Jobs Protection Act was addressed.

Rhoda M. Marchant, Timothy E. Marchant, and Timothy S. Marchant v. Preston County Office of Emergency Management/E911 and Preston County Commission

Intermediate Court of Appeals of West Virginia · Jun 6, 2025

We believe, in cases of qualified or statutory immunity, court ordered replies and motions for a more definite statement under Rule 12(e) can speed the judicial process. … Next, the court may, on its own discretion, insist that the plaintiff file a reply tailored to an answer pleading the defense of statutory or qualified immunity.

Diane Judy v. Eastern West Virginia Community and Technical College

Intermediate Court of Appeals of West Virginia · Dec 23, 2024

After a hearing on the motion to dismiss, the circuit court granted the 12(b)(6) motion, finding that EWVCTC was entitled to qualified immunity and that Ms. … In May of 2022, our Supreme Court of Appeals found that EWVCTC was not entitled to qualified immunity under the WVHRA and that Ms.

Heidi Price, Administratrix of the Estate of Ellis Wayne Price v. Raleigh General Hospital, LLC, and Philip Bailey

Intermediate Court of Appeals of West Virginia · Mar 4, 2025

the immunity. … Va. 654, 667, 783 S.E.2d 75, 88 (2015) (Qualified immunity is an affirmative defense …); Grim v. Eastern Electric, LLC, 234 W.

Melissa K. Bond v. United Physicians Care, Inc. d/b/a Salem Family Healthcare

Intermediate Court of Appeals of West Virginia · May 29, 2024

In addition, with respect to questions of immunity, [t]he ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine … questions of statutory or qualified immunity are ripe for summary disposition.

A.D.A., as next friend of L.R.A., a minor child under the age of 18 v. Johnson & Johnson; A.N.C., as next friend of J.J.S., a minor child under the age of 18 v. Johnson & Johnson; Travis B., next friend and guardian of minor child Z.D.B. v. McKesson Corporation; and Trey Sparks v. Johnson & Johnson, Inc.

Intermediate Court of Appeals of West Virginia · Dec 27, 2024

of clearly established law and the information possessed by the defendant at the time of the allegedly wrongful conduct.” … The SCAWV has established the analysis to determine whether qualified immunity applies.

Brian Cunningham, in his capacity as Director of the Public Employees Insurance Agency, and Mark D. Scott, Geoff S. Christian, Amanda D. Meadows, Jared Robertson, Damita Johnson, Jason Myers, Michael Cook, William Milam, and Michael T. Smith, in their capacities as Members of the Public Employees Insurance Agency Finance Board v. Air Evac EMS, Inc.

Intermediate Court of Appeals of West Virginia · Jun 13, 2024

We consider the circuit court’s order to be an appealable order on the issue of sovereign immunity: “[A] circuit court's denial of a motion to dismiss that is predicated on qualified immunity … Forsyth, 472 U.S. 511, 525 (1985)).11 With our jurisdiction to review the circuit court’s order established, we proceed to consider the principles of our sovereign immunity jurisprudence. A.

Mingo County Board of Education v. Mark Blackburn

Intermediate Court of Appeals of West Virginia · Apr 22, 2024

Further, our Supreme Court of Appeals has established that “[a] final order of the hearing examiner for the West Virginia [Public] Employees Grievance Board . . should not be reversed unless clearly wrong.” Syl. … Further, the record establishes that Mr.

Joseph Mulla v. Ryanne Ball

Intermediate Court of Appeals of West Virginia · Feb 3, 2026

Mulla’s claims through the doctrines of prosecutorial and qualified immunity. … Ball was entitled to prosecutorial and qualified immunity, as well as statutory immunity pursuant to West Virginia Code § 29-12A-5(b) (1986) (granting immunity to employees of political subdivisions) and West Virginia Code